Town of New Boston
Zoning Board of Adjustment
Meeting Minutes
08/21/07
Approved 01/15/07
Members present: Chairman David Craig, Vice-chairman Harry Piper, Phil Consolini, Chris Golomb, Clerk Laura Todd alternate and Robert Todd alternate.
Chairman Craig brought the meeting to order at 7:10PM.
07/17/07 meeting minutes were approved as printed by Harry, 2nd by Robert, and accepted.
2007-5
ROBERT TODD, TODD LAND USE CONSULTANTS, LLC FOR NICOLAS AND LARA LOUIS, AND PAT JENNINGS, application for an “AREA VARIANCE” regarding Article II, Section 204.4 of the zoning ordinance. The applicant is seeking relief from the requirement of 200’ square from 50’ setback. Properties are located at 62 and 64 Kennedy Lane.
Robert Todd stepped down from the board and Laura Todd acted only as clerk.
Voting members were: Dave Craig, Harry Piper, Phil Consolini and Chris Golomb.
Michael Carter of Todd Land Use Consultants, LLC presented the application as follows; explaining how the situation was created by the property line being in an unnatural divide because of the different levels between the lots, thus encouraging the Louis’ to assume their property line was at the ridge. This created their encroachment onto the Jennings property. He provided the board with photos (in file) showing the situation. The Louis’ and Pat Jennings have agreed to solve the situation with a lot line adjustment, but first need the variance to the 200’ square at 50’ front setback, before they can go before the Planning Board. He then gave background on the size of the lots, Louis is 9.91 acres and Jennings 5.7 acres, with both lots being conventional lots, therefore needing a 200’ square at the 50’ front setback. With the lot line adjustment the Jennings lot would no longer be able to accommodate the 200’ square.
Harry asked if there was no building on the Jennings lot, would it accommodate the square? Mike answered no. Then Harry asked if both parties were part of this application? Bob Todd answered yes.
Mike demonstrated the Louis 200’ square and Jennings 200’. And showed the feasibility that a large addition could be added to the Jennings home with no constraints.
Harry asked the board, the reason for the 200’ square requirement. Phil explained it was to discourage bowling alley lots, and lots of odd shapes.
Mike then covered the 5 criteria requirement for a variance. (SEE FILE)
Phil asked if the lots are conforming now, and if this is just for aesthetics.
Mike said yes the lots are conforming, showing them on the plan. In addition, yes for aesthetics, the Louis’ have been using this area as their yard for years.
Harry said you would have to go to the Planning Board for the lot line adjustment.
There was some discussion on whether the planning board would grant the lot line adjustment. Harry said that if all parties agree the court says you will grant the application.
Dave asked if any abutters, interested parties were present. None was present. He then asked if the board had any more questions. No.
Dave then closed the public discussion and placed the application before the board.
Harry moved to approve the application, Chris 2nd. Harry followed saying the application was adequately explained and this zoning ordinance should not apply, the 200’ square is not necessary for this lot. The board voted unanimously to approve.
Respectfully submitted
Laura Todd, clerk
08/22/07
approved 01/15/08
The board took a short recess.
At 7:35PM, Dave Craig opened the hearing for the following application.
2007-6
SHAKEY POND LAND COMPANY, presented by Rodney Stark, application for a “Use variance”, for property located on Mason Drive, Map/lot 15/12.
Harry moved to defer this application until Town Counsel had an opportunity to review and advise, if the board could hear this application. Harry felt the board had no jurisdiction here, and is asked to do a subdivision. He then stated he would not sit on the board until counsel had advised.
Dave explained that this situation comes up every time the board is asked to hear this type of application. He explained it is like the chicken and the egg, which comes first. He then asked Atty. Stark if they had a formal plan and if the had been before the Planning Board.
Atty. Stark said yes, there is a plan, and yes, they had met with Nic Strong. He then referred to the memorandum, which was sent to the ZBA from Nic Strong, and was part of the record. He went on to say they had an informal meeting with the planning board and the planning board directed them to the zba.
There was further discussion regarding RSA 674:41 and 674:41 II, and the fact that in New Boston the applicant has to apply for a variance, then go to Planning Board, then go to Selectmen. A past application (Peter Beers) was referred to as an example of how this particular application is handled by the Zoning Board.
Harry withdrew his motion.
Dave called for a short recess.
Robert Todd did not sit on this application because the plan submitted by Shakey Pond Land Company had be drafted by Todd Land Use Consultants, LLC.
Dave called the hearing to order @ 8PM and read the application, and then invited Atty. Stark to address his application.
Atty. Stark began by saying the property is on a private road and he wishes to subdivide this property into (3) building lots and one conservation lot. The building lots would be (2) at approximately 15 acres, for his sons (1) at approximately 11 acres for Cindy Wilson, and the conservation lot of 50 acres +-, which would consist of about 44 acres and the pond. One of the 15-acre lots would have a conservation easement on it. The conservation easement would create a corridor from the Tracking Station to McCurdy Road. The subdivided lots would also have a covenant that they can not be subdivided further as well as the houses built will have to have sprinkler systems installed. He also understood that a release of liability would be needed from the Selectmen regarding the road. Atty. Stark outlined the 5
criteria need for a variance (SEE FILE).
Harry asked the status of Chestnut Hill Road, shown on the plan.
Bob said that was the location before the Tracking Station was installed and it may have been a town road. In 1945 the town voted to discontinue the road.
Chris wanted clarification on the location of the road, which would give access to these lots. He also wanted to know the condition of the road.
Cindy Wilson (58 Mason Drive) said she lived at the end of that road and it was well maintained. She also stated that emergency vehicles had no problem using the road.
Atty. Stark restated that sprinklers would be required as part of the deeds.
Harry said he wants to be sure that the record show that the subdivided lots will not be allowed to be subdivided further and that the remaining land will be put into conservation.
Dave asked if any abutters wished to speak.
Cindy Wilson said she was an abutter and had no objection to this application.
Phil moved to approve the variance and administrative appeal RSA 674:41 II, 2nd by Dave. A release of liability with the selectmen would be a condition of the approval. The motion was approved unanimously.
Motion to adjourn was made by Harry, seconded by Phil and the hearing closed @ 8:30PM
Respectfully Submitted
Laura Todd, clerk
08/22/07
approved 01/15/08
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